Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Court: orissa Page 4 of about 45 results (0.207 seconds)

Upendra Das and anr. Vs. Krushna Sahu and ors.

Court : Orissa

Reported in : AIR1972Ori12

..... of this case, the events have already been narrated in chronological order. the title of the plaintiffs is based on a registered sale deed dated 21-5-1963. its validity was questioned in t. s. no. 89 of 1963 and in a compromise decree the title and possession of the plaintiffs were recognised on 22-8-1963 by the ..... of the suit or until further orders. provided that no such temporary injunction shall be granted if it would contravene the provisions of section 56 of the specific relief act (act 1 of 1877). provided further that an injunction to restrain a sale, or confirmation of a sale, or to restrain delivery of possession, shall not be granted except ..... threatens or intends, to remove or dispose of his property with a view to defraud his creditors, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the court thinks fit .....

Smt. Tulasi Sahukar Vs. New India Assurance Company Limited and ors.

Court : Orissa

Reported in : 2010(I)OLR795

..... been the practice to hold such provisions to be directory only, the neglect of them, though punishable not affecting the validity of the acts done.21. such being the legal dispensation under the m.v. act, there is absolutely no scope for the insurance company to avoid the statutory liability towards third-party claimants. i am ..... insurance to cover the bus without receiving the premium therefore. by reason of the provisions of section 147 (5) and 149 (1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its ..... appellant in the claim proceeding as the owner. no objection was raised before the learned tribunal against impletion of the appellant. scheme of the motor vehicles act also does not provide any scope to the insurance company to object to appellant's impletion on the ground of bar of limitation. decision in cuttack municipality .....

Food Corporation of India Vs. M/S. Jai Maa Kali Stores

Court : Orissa

..... the impeached demand, was ex facie illegal, the respondents/writ petitioners invoked writ jurisdiction of this court for redress.4. endorsing the the appellant-corporation validity of the in its demand, counter questioned while the maintainability of the writ petitions for non-impleadment of the union of india, a necessary party, ..... mistake in realizing price thereof at the rate of rs.5416/per mt, by no means in law, can act as an estoppel against the appellant-corporation and, thus, the impugned demand is valid. learned counsel argued further that, as the respondents-writ petitioners had subjected themselves to the norms governing the price ..... carrying on business of general merchants and commission agents dealing with essential commodities and have been granted food grains licence under the provisions of the essential commodities act, 1955 and the rules framed thereunder. according to them, the headquarters of the food corporation of india, new delhi (for short hereinafter referred to .....

Sachalabala Sethy and ors. Vs. Chief Secretary and Chief Development C ...

Court : Orissa

..... 16.05.2014 the present batch of writ applications has come to be filed by the petitioner charidesa krusak surakhya sangha and several land losers seeking to challenge the validity of the acquisition of land made by the industrial development corporation of odisha (hereinafter referred to as the idco ) for the purpose of setting up a thermal ..... , illegal sale of sc & st, smashan, common land. category-ii & iii 08. 09. 10.11. 12.13. challenge to the validity of notification u/s.73(c) of the odisha land reforms act, 1960 as well as challenge to the private purchases made by kvk for its thermal power plant. w.p.(c) no.2065 of 2010 w ..... mr. jagannath patnaik, learned senior advocate appearing for the idco confined his argument to the cases under category-i relating to the validity and legality of the land acquired under the land acquisition act, 1894. he submitted that the orissa industrial infrastructure development corporation act, 1980 was set up by the state of orissa and is guided by the both .....

Lachhaman Mallick and ors. Vs. Nisakar Mallick and ors.

Court : Orissa

Reported in : 88(1999)CLT318; 1999(I)OLR467

..... -application of mind to the facts of the case and the provision of law. needless to mention here that the order was passed on 8.12.1998 and therefore the validity of the order otherwise also shall lapse on completion of two months.in that view of the matter, the impugned order cannot be sustained and therefore is quashed. the criminal ..... the second party members and their henchmen not to go upon the disputed land and after hearing the possession of the 1st party members be declared absolute.and for which act of your kindness, the 1 st party petitioners as in duty bound shall ever pray.'it appears that the learned l:ccutive magistrates called for a police report pursuant to .....

Subnam Ara Bibi Alias Subnun Bibi Vs. Malik Babar Ali

Court : Orissa

Reported in : 1999CriLJ1684; 1999(I)OLR376

..... a question of fact. according to the authorities like mulla plea of divorce from a particular date as reflected in the written statement, if not accepted for any valid reason, then it must be held to be effective from the date of filing of the written statement because the intention of giving talak is clearly stated and communicated ..... be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the code of criminal procedure, 1973 (act 2 of 1974), and file such affidavit or declaration in the court hearing the application, the magistrate shall dispose of such application accordingly.'section 7 provides for transitional provisions ..... at the time of divorce.section 4 deals with the matter for order of payment of maintenance by the class of people as else by the wakf board, as the case may be. section 5 of the act provides for option which reads as follows:'5. option to be governed by the provisions of sections 125 to 128 of the .....

Rashida Khanum and anr. Vs. S.K. Salim

Court : Orissa

Reported in : I(1996)DMC328

..... short the 'act'). section 3(1)(a) of the act envisages making of reasonable and fair provision and payment of maintenance to the divorced wife commensurable with the period of iddat. a contrary view would defeat the purpose for which the legislation is made. provisions contained in section 4 cast liability on the relatives or the wakf board, as ..... applicable to the case of a divorced muslim woman only if both parties exercise their options at the first hearing of the application under section 3(2) of the act, and not in any other case. therefore, the learned judge, family court was justified in holding that provisions of section 125 have no application and the application ..... has rightly been treated as one under section 3 of the act.6. so far as minor children are concerned, unless they are of a particular age as prescribed in section 3, their claim cannot be considered in a .....

Sk. Belal Alias Sk. Raja and ors. Vs. State of Orissa

Court : Orissa

Reported in : 1994CriLJ467; 1994(I)OLR20

..... in para-108 is one aspect, that the procedure is in reality an abuse of the provisions of the code though seemingly is under the garb of a valid exercise, and in reality results in perversion of human dignity and fundamental freedom and that the provisions of the code are being availed of for oblique and twisted purpose ..... sworn the affidavit of his having been appointed as kazi for the entire area of jagatsinghpur police station as per the provisions of section 2 of the kazi's act, 1880 (act 12 of 1880) by' revenue department notification dated 20-9-1983 published in the orissa gazette (extraordinary) on october 5th. 1993 and he having been appointed under ..... entire area of jagat- singhpur p. s. for the purposes of marriage and divorce as per the provisions of section 3 of the orissa mahammadan marriage and divorce registration act, 1949. a copy of the notification has been annexed to the affidavit. the affidavit further says that the marriage between petitioner no. 1 and petitioner no. 3 .....

Jagannath Mohanty and anr. Vs. Chanchala Bewa and ors.

Court : Orissa

Reported in : AIR1973Ori160

..... that ground the adoption cannot be disbelieved. one has in such circumstances to rely on circumstantial evidence. long recognition as an adopted son raises a strong presumption regarding the validity of the adoption evidence showing that the boy was treated by relations including the person who later on challenges the same, for a long time as the adopted son ..... any evidence to prove such a fact has to be favourably entertained. doubtless under the hindu law, giving and receiving of the boy are rather absolutely necessary for the validity of an adoption and it is therefore to be satisfactorily proved that the boy was given by his natural father and received by the adoptive father. cases may arise ..... after it was over jairam made over krushna to me saying that as you asked for the son i hereby give you. 1 accepted krushna as my son, rasananda bank acted as my barber.' d. w. 1 says that immediately after the adoption ceremony, he did not bring the boy to his village bada bhimraipur but it war, a .....

Khati and ors. Vs. Mirza HossaIn Beg and ors.

Court : Orissa

Reported in : AIR1962Ori95

..... is evident that there is no proof of express dedication; therefore the only question is whether there is evidence of user and if so user of what. wakf as defined in wakf act, means the permanent dedication by a person professing the musalman faith of any property for any purpose recognised by the musalman law as religious, pious or charitable ..... question is to examine the other evidence adduced herein. indeed when a land forms part of a masjid or graveyard set apart for mussalman community, and that by user if not by dedication, the land is wakf; the entry in the record-of rights seems conclusive on the point; it is obvious that, if it were held that ..... ,--is that there is no documentary evidence of dedication. the learned counsel contended that it must be shown that there was dedication by somebody for the purpose of wakf. the learned counsel, by reference to authorities cited by him, relied on the undisputed position in law that what is required to be established is the intention .....